Legal Question in Bankruptcy in Missouri

If my wife has a repelivin and she files bankruptcy, and she claims the debt on the car owed, does the repliven go away since the debt is gone? We dropped the car off at a parking lot and left it with the keys in it per request of tow truck company and oposing pary, and both said car was not there. Not our fault if we did as they said and car was not there. We did what we were asked to do. So question is does a replivin go away after bankruptcy?


Asked on 10/19/11, 8:03 pm

1 Answer from Attorneys
Anthony Smith LawSmith

This is good question for yrou bankruptcy attonrey, as it is part of what you paid them for. But, geenrally, a replevin is an action as to the vehicle. The bankryuptcy is persoanl to your wife. Filing a bankruptcy petition stays (freezes) all actions agains the person filing. Creditors can petition the bankruptcy for releif from that stay. As a Replevin is as to the vheicle, it can go forward, except as to teh loan debt, which might get discharged (erased) in the bankruptcy.

The mising vehicle is a novel issue. You should consult with your bankruptcy attorney, as they may need to amend your bankruptcy pleadings to cover the loss of the vehicle or the claim for moneys due after repossesson and sale.

Good luck

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Answered on 10/21/11, 1:34 pm


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